County Courts Act 1984

Section 144.

SCHEDULE 1 E+W Replevin

Modifications etc. (not altering text)

C1 Sch. 1 amended by S.I. 1990/776, art. 4(1)(g) and (2)

1 (1) The sheriff shall have no power or responsibility with respect to replevin bonds or replevins. E+W

(2) The registrar for the district in which any goods subject to replevin are taken shall have power, subject to the provisions of this Schedule, to approve of replevin bonds and to grant replevins and to issue all necessary process in relation to them, and any such process shall be executed by a bailiff of the court.

(3) The registrar shall, at the instance of the party whose goods have been seized, cause the goods to be replevied to that party on his giving such security as is provided in this Schedule.

2 (1) It shall be a condition of any security given under paragraph 1 that the replevisor will—

(a) commence an action of replevin against the seizor in the High Court within one week from the date when the security is given; or

(b) commence such an action in a county court within one month from that date.

(2) In either case—

(a) the replevisor shall give security, to be approved by the registrar having power in the matter, for such an amount as the registrar thinks sufficient to cover both the probable costs of the action and either—

(i) the alleged rent or damage in respect of which the distress has been made; or

(ii) in a case where the goods replevied have been seized otherwise than under colour of distress, the value of the goods; and

(b) it shall be a further condition of the security that the replevisor will—

(i) prosecute the action with effect and without delay; and

(ii) make a return of the goods, if a return of them is ordered in the action.

[F1 (3) In a case where the action is to be brought in the High Court, it shall be a further condition of the security that the replevisor will, unless he obtains judgment by default, prove to that court that he had good ground for believing either—

(a) that the title to some hereditament of which the net annual value for rating at the time when the security was given exceeded £20, or to some toll, market, fair or franchise, was in question; or

(b) that the alleged rent or damage in respect of which the distress was made, or the value of the goods seized, exceeded £20.]

Textual Amendments

F1 Sch. 1 para. 2(3) repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(2)(7), Sch. 17 para. 18, Sch. 20

3 (1) Any action of replevin brought in a county court shall be removed into the High Court by order of certiorari if the defendant—

(a) makes an application for such an order to the High Court; and

(b) gives security for an amount approved by the High Court.

(2) Security under this paragraph shall not exceed £150.

(3) It shall be a condition of any such security that the defendant—

(a) will defend the action with effect; and

(b) unless the action is discontinued or dismissed for want of prosecution, will prove before the High Court that he had good ground for believing either—

(i) that the title to some hereditament of which the net annual value for rating at the time when the action was commenced exceeded £20, or to some toll, market, fair or franchise, was in question; or

(ii) that the alleged rent or damage in respect of which the distress was made, or the value of the goods seized, exceeded £20.

(4) Section 45(1)

applies to an action removed to the High Court under this paragraph as it applies to an action ordered to be transferred to that court.